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S1926 - Details

S1926 - Summary

Removes requirement that person be informed of the consequences of such act to be guilty of the crime of false personation; raises penalty for false personation from a class B to a class A misdemeanor.

S1926 - Sponsor Memo

BILL NUMBER:S1926
TITLE OF BILL:
An act
to amend the penal law, in relation to
the crime of false personation
PURPOSE:
To strengthen the penalty for knowingly misrepresenting an
individual's identity to a police officer.
SUMMARY OF PROVISIONS:
Section 1: removes the requirement that a person must be informed of
the consequences of knowingly misrepresenting himself or herself to a
police officer. Therefore, the statute would only require that an
individual knowingly misrepresent their identity to a police officer.
This legislation changes the crime of false personation from a "B" to
an "A" misdemeanor.
EXISTING LAW:
A person is guilty of false personation when after being informed of
the consequences of the act, he or she knowingly misrepresents his or
her identity to a police officer. Currently, this offense is a "B"
misdemeanor.
JUSTIFICATION:

This legislation removes the unnecessary requirement that an
impersonator be informed of the consequences of his or her actions
before they may be considered guilty of false personation. Also, the
bill stiffens the penalty for such an offense. Stealing a person's
identity to avoid prosecution for a crime is a serious offense which
warrants severe punishment.
The impetus for this legislation was an incident in Rochester where an
arrested individual used an innocent man's identity to conceal his
true name and address from the police. It took the innocent man a
great deal
of time and effort to clear his name of this incident. Under the
current law, the false impersonator would receive only up to a $500
fine or three months in prison.
This legislation not only would make it easier to prove that an
individual committed this offense but also would provide that the
crime of false personation is appropriately punished.
LEGISLATIVE HISTORY:
2007-2008 - Passed Senate
2009-2010 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
1926
2011-2012 Regular Sessions
I N S E N A T E
January 14, 2011
___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of false perso-
nation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 190.23 of the penal law, as added by chapter 69 of
the laws of 1997, is amended to read as follows:
S 190.23 False personation.
A person is guilty of false personation when [after being informed of
the consequences of such act,] he or she knowingly misrepresents his or
her actual name, date of birth or address to a police officer or peace
officer with intent to prevent such police officer or peace officer from
ascertaining such information.
False personation is a class [B] A misdemeanor.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06291-01-1

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